AGO 1993-028.

• Case Date: October 27, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-028. October 27, 1993OPINION NO. 1993-028The Honorable John E. Meyers Sandusky County Prosecuting Attorney Child Support Enforcement - Branch Office 108 S. Park Avenue P.O. Box 1228 Fremont, Ohio 43420 Dear Prosecutor Meyers: You have requested my opinion concerning the duties of the county child support enforcement agency. Your letter states that the court in Sandusky County is referring matters to the child support enforcement agency under R.C. 3113.21(B)(4) "to gather information on both the obligor and the obligee." It is the position of the child support enforcement agency that the scope of an investigation ordered by a court under R.C. 3113.21(B)(4) is limited to information concerning only the obligor, not the obligee. Based upon information provided by your staff, your concern is whether the child support enforcement agency has a duty to investigate the obligee, as well as the obligor, where the court, pursuant to R.C. 3113.21(B)(4), has ordered the agency to conduct an investigation pursuant to R.C. 3113.21(B)(3).

Child Support Enforcement Agencies

R.C. 2301.35 provides for the establishment and operation of a child support enforcement agency within each county. Among the duties imposed upon a child support enforcement agency are the duties to "be responsible in the county it serves for the collection of payments due under support orders, [and to] ...perform all administrative duties related to the collection of payments under any support order." R.C. 2301.35(C). Pursuant to R.C. 2301.35(F):

Each child support enforcement agency designated under this section shall enter into written agreements with the courts, the prosecuting attorney, and law enforcement officials of the county it serves, which agreements shall establish cooperative working arrangements and specify areas of responsibility for the enforcement of support among the agency, courts, and officials. The agreements shall provide for the reimbursement of the courts and law enforcement officials for the responsibilities they assume and actions they undertake pursuant to such agreements.

Thus, although a child support enforcement agency has certain duties imposed upon it by statute, any cooperative agreement entered into under R.C. 2301.35(F) must also be consulted to determine that particular child support enforcement agency's areas of responsibility.(fn1)

Payment of Child Support Through Withholding of Funds

Your question concerns the scope of an investigation ordered by a court under R.C. 3113.21(B)(4), which states:

If any proceedings involving a support order issued before, on, or after December 1, 1986, are commenced in the court and if either the court previously has not issued any orders under division (D) of this section with respect to the support order or the court determines that there is a need to modify any orders previously issued under division (D) of this section, the court, prior to or during any hearings held with respect to the proceedings and prior to the conclusion of the proceedings, shall order the child support enforcement agency to conduct an investigation pursuant to division (B)(3) of this section. Upon the filing of the findings of the agency following the investigation or the completion of any administrative hearing held pursuant to division (B)(1) of this section or upon the completion of any court hearing held pursuant to division (B)(5) of this section, the court shall issue one or more orders described in division (D) of this section or modify, as

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